It was not just the scope of last Tuesday's attacks against New York and Washington, D.C. that stunned the nation, but the methods the terrorists utilized. The men FBI authorities have identified as those responsible spent years living in the United States as "sleepers," agents who insert themselves into enemy territory and wait years to strike.
The idea that other such agents are spread through the nation, waiting for their time to attack, is spurring federal administrators and some members of Congress to institute stronger anti-terrorism measures.
Attorney General John Ashcroft has issued new regulations for the Immigration and Naturalization Service regarding the detention of legal immigrants. Under the new regulations, INS can detain an immigrant for 48 hours before having to file a charge or release the suspect, double the previous deadline of 24 hours. Authorities also have the power to hold a suspect immigrant indefinitely "in the event of emergency or other extraordinary circumstance" for "an additional reasonable period of time," vague guidelines that could be easily manipulated.
The administration is circulating a bill that would give the U.S. Department of Justice the power to arrest immigrants suspected of terrorism, accelerate the deportation process and limit a suspect's number of appeals. In addition, the government is asking Congress to expand its computer monitoring powers and its ability to institute floating wiretaps, which allow investigators to tap any phone a suspect nears without specific court approval.
While a former Supreme Court justice was correct in saying, "The Constitution is not a suicide pact," its sacrosanct nature renders the freedoms it establishes virtually untouchable. During times of extreme crisis the federal government has the authority to curtail civil liberties in order to preserve the nation, such as when President Abraham Lincoln suspended the writ of habeas corpus during the Civil War.
While President Bush is correct in characterizing the current situation as a war, there currently exists no clear and present danger that justifies such an expansion of the federal government's power and erosion of the Bill of Rights. There existed no justification almost 60 years ago for the internment of Japanese-Americans during WWII, a much wider conflict against entities equally as powerful as the United States. This proves the result of such an action is not the strengthening of national security but the weakening of our country's community fibers, the most essential element in our fight against terrorism.
Removing or "rolling back" constitutional safeguards to ease the government's ability to detain suspects actually reduces the government's effectiveness. By forcing law enforcement officials to adhere to strict procedural guidelines when pursuing suspects, it imposes a rigid discipline upon officers and investigators. Such discipline ensures accuracy when searching for evidence and forces officials to err on the side of caution when doubts arise, thus preventing persecution of the innocent.
The administration is clearly not interested in debate on the issue considering the speed with which it wants the proposals enacted by Congress. Subsequent to the Sept. 11 attacks, Congress moved with unusual speed to authorize presidential use of force and a $40 billion package to aid New York City and fund immediate military action. However, Congress should restrain the administration's enthusiasm for these new regulations and proposed laws to further ensure no actions are taken in the present that the future might regret.
